Worcester lawyer's bid for marijuana dispensary is rejected

Thursday

Aug 29, 2013 at 6:00 AMAug 29, 2013 at 3:15 PM

By Shaun Sutner, TELEGRAM & GAZETTE STAFF

WORCESTER — A Worcester lawyer who wants to run a medical marijuana dispensary is off to a bad start.

Richard J. Rafferty, a prominent personal injury lawyer who also represents the state police troopers union, filed documents last week with the secretary of state's office to incorporate as a nonprofit company as required by the new medical marijuana law, but his application was rejected.

Two key infractions triggered the action, according to the rejected filings page on the state agency's website.

The name of the company, "TJMM Marijuana Dispensary, Incorporated," ran afoul of a key rule of the state Department of Public Health, which will regulate the medical marijuana business.

Entities applying for dispensary applications cannot use "a name which holds itself out as a dispensary."

In other words, applicants must not only register as nonprofits, but they must also use names that do not say they are medical marijuana outlets.

For example, some of the names of the other 13 Worcester county nonprofits that submitted applications to the DPH last week are: Nature's Prose, Total Health and Wellness Inc. and Quality and Wellness Inc.

The other move that landed Mr. Rafferty's application in the rejection pile was an improper signature of the person who filed the document.

His name is listed simply as "Doug."

Not surprisingly, the comment on the secretary of state's website was: "Must be signed with full legal name. " 'Doug' is not sufficient."

In a brief interview, Mr. Rafferty, who is listed as vice president, treasurer and resident agent of the company (his colleague in his Worcester law practice, Jane Eden, is president), said another lawyer did the paperwork for him on the corporate registration.

"I didn't do the incorporation," he said. "I'll have to talk to the guy."

He declined to identify the lawyer. Asked why he, as a lawyer, didn't handle the task himself, he said, "Lawyers can't represent themselves."

Mr. Rafferty also said he saw no problem with starting up a marijuana operation and also representing state troopers who enforce drug laws, among others. While possession of small amounts of marijuana has been decriminalized in the state, police continue to arrest people who deal large amounts of marijuana illegally.

"I didn't feel it was any contradiction if I decided to do this," he said.

Mr. Rafferty said he decided to try to go into the business after his sister died recently after an illness. She could have used marijuana to alleviate her pain, he said.

"I've watched family members pass in agony," he said. "I'm only looking at this on the medical side. I'm looking at it as a true nonprofit."

Brian McNiff, a spokesman for Secretary of State William F. Galvin, said there is nothing stopping Mr. Rafferty from resubmitting his application.

"Sounds like the guy just pulled the form off the website and made it up as they went along," he said.

Ann Roach, a spokeswoman for the Department of Public Health, said that under the medical marijuana law, dispensary applicants must be in good standing with the secretary of state.

Contact Shaun Sutner at ssutner@telegram.com. Follow him on Twitter @ssutner